- 1 - HC-KAR CNR: KAHC010507222026 NC: 2026:KHC:47142 CRL.P No. 11061 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11061 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: MR. PRASAD E AGED ABOUT 32 YEARS, S/O POOVANI GOWDA, R/AT IDYADI HOUSE, SAVANOOR VILLAGE, KADABA TALUK, D.K.-574 202. …PETITIONER (BY SRI. RAJARAMA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY WOMEN POLICE STATION, REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BANGALORE-560001. 2. XXXXXXXXXXX …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1; SRI SUYOG HERELE E., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT WOMEN POLICE STATION PUTTUR WOMEN POLICE TO RELEASE THE PETITIONER ON BAIL IN CRIME Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010507222026 NC: 2026:KHC:47142 CRL.P No. 11061 of 2026 NO.83/2025 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE D.K. MANGALURU SITTING AT PUTTUR D.K FOR THE ALLEGED OFFENCE P/U/S 78(2) OF BNS AND SECTION 12 OF POCSO ACT 2012. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Spl.C.No.5003/2026, pending before the Court of V Additional District and Sessions and Special Judge, D.K., Mangaluru, sitting at Puttur, arising out of Crime No.83/2025 registered by Dakshina Kannada Women Police Station, for offences punishable under Section 78(2) of BNS, 2023 and Section 12 of POCSO Act, 2012 is before this Court, in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.83/2025 was registered by Dakshina Kannada Women Police Station for the aforesaid offences, against the driver of autorikshaw bearing - 3 - HC-KAR CNR: KAHC010507222026 NC: 2026:KHC:47142 CRL.P No. 11061 of 2026 registration No.KA 21/C-0801, based on the first information dated 08.11.2025, received from the respondent No.2 herein, who is the mother of the victim girls. During the course of investigation of the said case, petitioner was arrested on 08.11.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet is filed against him for the aforesaid offences. His bail application filed before the Trial Court in Spl.C.No.5003/2026 was rejected on 26.03.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that, maximum punishment for the alleged offences is imprisonment for a period of 3 years. Petitioner is in custody from 08.11.2025 onwards. In the 16 criminal cases earlier registered against the petitioner, in 11 cases he has been acquitted. 5. Per contra, learned HCGP and learned counsel appearing for respondent No. 2, who have opposed the - 4 - HC-KAR CNR: KAHC010507222026 NC: 2026:KHC:47142 CRL.P No. 11061 of 2026 petition, submits that the petitioner is a person with criminal antecedents. Trial in the case is likely to commence and the victims are yet to be examined. In the event, the petitioner is enlarged on bail, he may tamper with the material charge sheet witnesses and accordingly, they pray to dismiss the petition. 6. In the first information dated 08.11.2025, submitted by respondent No. 2, who is the mother of the victim girls, it is stated that, the victim girls had informed their parents that, an autorikshaw driver was misbehaving with them and the said autorikshaw driver used to make signals to them and also follow them. Therefore, the first informant had asked the victim girls to note the autorikshaw number. On 08.11.2025, when the victim girls were on their way to their school at about 08.00 a.m., the driver of the autorikshaw bearing registration number KA- 21/C-0801, who came in his autorikshaw followed the victim girls and showed them Rs. 500/- denomination note - 5 - HC-KAR CNR: KAHC010507222026 NC: 2026:KHC:47142 CRL.P No. 11061 of 2026 and made signals to come with him. It is under these circumstances, FIR was registered against the driver of the aforesaid autorikshaw. 7. During the course of investigation, petitioner, who is the driver of the aforesaid autorikshaw was arrested on 08.11.2025 and remanded to judicial custody. Investigation of the case is now completed and the charge is filed. Maximum punishment for the alleged offences is imprisonment for a period of 3 years. Petitioner is in custody in the present case for the last more than 9 months. It is brought to the notice of this Court that, the petitioner is a person with criminal antecedents and 16 other criminal cases are registered against him. Report regarding the cases filed against the petitioner which is made available to the Court by the learned HCGP, would go to show that, in 11 cases out of 16, he has been acquitted. Petitioner has undertaken to abide by the conditions that may be imposed on him by this Court. - 6 - HC-KAR CNR: KAHC010507222026 NC: 2026:KHC:47142 CRL.P No. 11061 of 2026 8. The Hon'ble Supreme Court in the case of PRABHAKAR TEWARI vs. STATE OF U.P. AND OTHERS reported in (2020) 11 SCC 648 has observed that, criminal antecedents of a person cannot be the sole reason to reject his bail application, if he is otherwise found entitled for the relief sought in the case on hand. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following order: (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Spl.C.No.5003/2026, pending before the Court of V Additional District and Sessions and Special Judge, D.K., Mangaluru, sitting at Puttur, arising out of Crime No. 83/2023 registered by Dakshina Kannada Women Police Station, for offences punishable under Section 78(2) of - 7 - HC-KAR CNR: KAHC010507222026 NC: 2026:KHC:47142 CRL.P No. 11061 of 2026 BNS, 2023 and Section 12 of POCSO Act, 2012, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. f) The petitioner shall appear before the station house officer of Dakshina Kannada Women Police Station, on every first and third Sunday - 8 - HC-KAR CNR: KAHC010507222026 NC: 2026:KHC:47142 CRL.P No. 11061 of 2026 of the month, between 10 a.m. and 1 p.m. and mark his attendance regularly, till the present case registered against him is disposed of. g) In the event, petitioner violates any one of the above bail conditions, respondents are at liberty to file necessary application seeking cancellation of his bail. Sd/- (S VISHWAJITH SHETTY) JUDGE CM List No.: 1 Sl No.: 66